Nobody seems to be mentioning the fact that With Bowman and Willis the Niners basically never took their two ILBs off the field. I agree that Wilhoite figures to be the replacement for Bowman in the base D packages, but why would they keep Wilhoite on the field during obvious pass situations? Perhaps the Niners will use Wilhoite in base and say “first down” nickel situations, with Moody (or some player to be drafted) coming in for passing nickel situations. The Niners may also employ a true dime package (4-1-6) instead of the 3-2-6 dime package that I completely despised last season. (The 3rd and 22 play from the NFCCG still haunts me.) I sure hope that Fangio is much more creative this season since he will be without a top 5 defensive player for most of the season.

Or if he is in jail, as outlined by Rapaport. Doubt that happens though.

What do you think the chances are of Aldon getting a suspension from the NFL? Ian Rapaport’s report indicates he thinks it is likely. And if so, how many games? I’d suggest anywhere from a 4 to 8 game suspension.

If the 49ers don’t take up his option as expected then Aldon will have a good reason to put in a big year once (if) he gets on the field (contract year).

What is the Article number in the CBA in which that provision is found, Jack. I can find no such provision in the CBA (http://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf). Article 46 sets forth Commissioner Discipline policies for both on-field and off-field offenses, but it is silent on criminal proceedings or completion thereof. Furthermore, the NFL Personal Conduct Policy (see my post below and the link provided therein) does not require disposition of criminal proceedings prior to discipline, although that is the general policy.

Unless the case involves significant bodily harm, a first offense will generally not result in discipline until there has been a disposition of the proceeding (or until the investigation is complete in the case of employee or workplace misconduct)”

If anyone has a player who was suspended by the league without his case first finishing in the courts please share.

What is the source of that paragraph? It is not part of the CBA, as far as I can tell, nor does it exactly match the language of what I understand to be the most current version of the NFL’s Personal Conduct Policy (to which I linked in a post below).

However, even taking the paragraph on its face, it does not require disposition of a criminal case, even absent significant bodily harm. The qualifier “generally” reserves the right to the NFL to impose penalty even absent disposition of the criminal case. Thus, while it is the general policy (as set forth in the NFL’s Personal Conduct Policy)to defer discipline until after the disposition of a criminal case, neither the NFL’s Personal Conduct Policy nor the CBA absolutely require such.

Provisions of labor agreements and/or policies are construed not on how they have been enforced in the past, but on the plain language of the policy itself (a caveat — differential enforcement may give rise to a discrimination claim, but that is a different matter). By its plain language, the NFL’s Personal Conduct policy does not require that a final disposition in a criminal matter be entered — it merely states that the general policy is to do so, and by providing the qualifier “generally,” the NFL has reserved the power to proceed outside the general policy.

The NFL really can’t suspend him if he hasn’t been charged, let alone convicted of an actual crime. I’m not even sure that the Niners can suspend him unilaterally. There is no way that they suspend him for an entire year. He’s an immature knucklehead with mental health issues and an addiction problem. There’s lots of those in the league, and most of them aren’t as productive as Smith.
Burris was convicted of a gun crime, 2 years in prison, and wasn’t suspended by the NFL. He only got 4 games by the Giants and he still got his signing bonus.
Stallworth literally had to plea out of a DUI manslaughter conviction to get suspended for a year.
Bottom line is that Smith won’t be suspended unless he is convicted or pleas out to a crime. I would be surprised if the Niners even fined him.

Didn’t the league suspend Ben Roethlisberger without a conviction? Either way the niners are not going to flat release a player with that kind of talent. The bigger question is will they pick up his option year?

4 games most likely. If he not charged in the LAX case before April 29th I don’t see that having any bearing on his combined DUI and gun charges case. I don’t believe he’ll do time for those, at least not during the season, and if there’s a jail sentence I see it being suspended and some type of probation assigned. If he’s on probation and he does something stupid and illegal again, then all bets are off.

The question is whether the team wants to do so AES. They backed him last season despite heavy criticism only to have him pull this latest stunt, so they might not be willing to offer a helping hand so easily this time.
Goodell had already mentioned that the league would take into consideration Aldon’s time in rehab, but that was before this latest fiasco, so I would have to believe that all bets are off in terms of leniency.

NFL hates the Niner organization and that has been made abundantly clear for years. I have no doubt Smith will be out of the game for at least eight games and more likely the whole season so he can “get help.” Pete the Cheat will love this and the ghost of Eddie’s past gets another kick in the trousers…

There are established protocols within the League for substance abuse transgressions that will be be followed in the NorCal case. The games Aldon missed were part of his voluntary submission to rehab. There is no guarantee that the NFL doesn’t fine him or suspend him if he’s convicted or pleas out. The LAX caper embarrassed the team and the NFL (and the Faithful); we are not amused. The Omnipotent Barrister (Roger G), under the Personal Conduct clause of the cba, doesn’t have to wait for a conviction to pass down fines or suspensions in that case, but he almost certainly will wait for the case to play out in the Courts.
Timing:
Given the 6+ months that have elapsed since the NorCal arrest and 4/29/14 court appearance, we might assume that it will be Oct/Nov before he faces a judge in LA even if they file charges. That obviously leaves a lot of football games available early in the season. The outcome of the 4/29 hearing, or subsequent appearances, could affect his availability/eligibility in any part of the 2014 season.
So he could be available. How much will he play?
I’ll go back to Tim Kawakami’s take from last week. The 49ers will retain the rights to Aldon’s contract. If he goes elsewhere, Baalke will try to get something for him. Harbaugh will approve his return to play based on Locker Room, practice field, and away from work performances. Jed may be the key to whether he plays, and Aldon should be worried about that.
IF Aldon pleads out to a misdemeanor DUI this Spring/Summer and gets a 4-6 games suspension;
and IF Aldon’s weapons charges are reduced in the package plea down to misdemeanor;
and IF Aldon faces only a misdemeanor OoJ charge from LA County;
then he may play some in 2014, perhaps later on, to refresh his resume and trade value.
Aldon is already on probation with Jed and the f.o. Any incident, made public or not will seal his fate. The team wants to keep the talent, and Aldon will probably fare better staying with the team, but if TK correctly captured the team’s mood in his article, then they’ll keep the support system in place but let him sink or swim on his own.
So, I’m guessing he plays 6-8 games in 2014; but his career remains at a crossroads. I doubt the 49ers ever give him the MegaDeal he’d want or that he’ll be humble and appreciative enough to agree to a bargain for SF, so eventually he’ll be gone in FA. If that’s the case, do they try to trade him first? They might do just as well waiting for the Comp pick.
Ahhh, here’s where it gets hard. Does the Team need to send a message? There are some grumpy folks at HQ right now, but until there’s a conviction in NorCal, the team and NFL can’t really act. If there’s a league suspension, it would be double jeopardy for the team to impose something also. But if the case is still pending on Opening Day? If I’m Jed, maybe I ask that Aldon is Inactive on Opening Day.
Baalke has supported Harbaugh’s All-In approach with the players, so if he lobbied for no second class citizens in the locker room and let him play, Jed & Trent will listen; but Jed doesn’t have to give in. The players, Faithful, League and NFL Fans would notice.

MWD,
I don’t see Aldon’ agent agreeing to this type of contract especially given AS’ talent. I agree with you about clauses based on future behavior. But there are many teams that would pay big money for Aldon’ talents sans the clauses based on behavior.

If Aldon was in the late stages of his career teams would be less eager to take a risk, but at 24 Aldon will get plenty of takers.

I expect there will be a suspension. There’s no need for a conviction to preceded a suspension; just ask Ben Roethlisberger. A pattern of behavior can be enough for the league to take action, and there’s definitely a pattern here. I’m guessing he misses at least the first 4 games of the season. It wouldn’t surprise me if it’s longer; I think he only avoided a suspension last year by voluntarily entering rehab.

I expect he plays every game he’s not suspended for, provided he’s healthy.

But I also won’t be surprised if the team drafts a pass rusher in the first two days of the draft, and prepares to move on. It’s a shame; I feel like he was the final piece that transformed this defense from merely good to elite. There was no reason he couldn’t have had a hall of fame type career here. Maybe he still can, but he’s going to have to get things straightened out, now. I hope it’s not too late, for his own sake.

“Unless the available facts clearly indicate egregious circumstances, significant bodily harm or risk to third parties, or an immediate and substantial risk to the integrity and reputation of the NFL, a first offense generally will not result in discipline until there has been a disposition of the proceeding (or until the investigation is complete in the case of noncriminal misconduct).”

“With respect to repeat offenders, the Commissioner may impose discipline on an enhanced and/or expedited basis. In such cases, the timing and nature of the discipline will be determined by the Commissioner based on several factors including but not limited to: the severity of the initial charge and later charge; the facts underlying the later charge; the length of time between the initial offense and later charge; and the player or employee’s compliance with counseling and other programs. Following a full investigation and/or resolution of the proceedings, the Commissioner will review the matter and make any appropriate adjustments.”

The first paragraph is usually construed by media to mean that, absent egregious factors, the league must wait for disposition of a criminal matter. That is not what the paragraph means. The qualifier “generally” reserves the right for the NFL to mete out discipline without disposition of a criminal case or completion of a non-criminal investigation. This paragraph, combined with a prior paragraph (not quoted above) that sets forth the NFL’s investigation procedure, allows the NFL to impose discipline based solely on the NFL’s investigation, even for a first offense.

The second paragraph quoted above gives broad discretion to the commissioner with respect to subsequent violations of the conduct policy. Most interesting here is that the severity of prior “charges” (charges here should be read as allegations of misconduct, not criminal charges) is a factor in considering whether to expedite discipline for repeat offenses. In Smith’s case, he has two prior charges that are serious in nature, and this may make the relatively minor charge of reporting a false bomb threat weigh heavier than it would on its own. And while it is true that legal adjudication is not complete on those prior charges, that may not matter. A determination of criminal liability through legal process is not a requirement for discipline even in first offenses, much less repeat offenses. If the NFL’s own investigations have determined that Smith’s prior actions violated the personal conduct policy, that will be, by the plain language of the policy, sufficient to regard the current issue, even absent criminal charges, as a repeat violation of the personal conduct policy.

Right on all points. And yet to avoid later possible litigation by the player, The Commish proceeds cautiously, as there are some worker rights that even football players are entitled to. Also, there’s a separation in Aldon’s case between the substance abuse protocol already underway with Aldon, and the gun & TSA incidents under the personal conduct rule. I do understand that there can be some overlap in accountability, but the acknowledgement of addiction as a social/emotional/biochemical/mental illness that can be treated let’s these offenses enjoy a curative approach. As it should be, IMO.

“[T]here’s a separation in Aldon’s case between the substance abuse protocol already underway with Aldon, and the gun & TSA incidents under the personal conduct rule.”

Can you reference the pertinent section of either the CBA or the Personal Conduct Policy that supports this? I have read this claim elsewhere, yet both documents are silent on this supposed separation.

The only provision in the Personal Conduct Policy that is close to on point is that offenders must seek treatment or counseling, as appropriate, if they are found to be in violation of the Personal Conduct Policy.

So, while I agree, in a human sense, that “the acknowledgement of addiction as a social/emotional/biochemical/mental illness that can be treated lets these offenses enjoy a curative approach,” I see nothing in the documents that indicates this is the NFL’s formal policy. Perhaps it is a separately promulgated protocol.

Points taken. Upon reflection, my source is cumulative hearsay from media sources talking about the case. Hardly the last word, LOL!
Various conversations from Sheftner, Adam K., and the blabbermouths (like myself) on ESPN’s Insiders Program. Yet they have, as a group, stayed with the line of thought of a difference in handling the substance abuse vs personal conduct issues. Since Insiders’ on-camera talent are people who have worked in Front Offices previously, I appreciate their take on many matters.

I have heard the same comments/positions, but my research has not (yet) found a written policy regarding that, other than the 2010 document that places limits on some discipline related to drug abuse offenses.

It may be a “soft policy” — the commissioner may, as a course of conduct, take treatment protocols into account when determining discipline for substance abuse related offenses. This course of conduct may establish an expectation that may be binding, even absent codification in a written protocol.

However, even if it is the case that the DWI will be treated separately when determining discipline for subsequent offenses, the weapons violation charge, whether a conviction results or not, may be considered (at least under the plain language of the policy) when the commissioner decides how to execute his rather broad powers for disciplining further violations of the Personal Conduct Policy.

Thanks for your instructive posts. It’s good to know the difference between written and commonly interpreted rules. You’ve shown Goodell isn’t legally constrained from taking executive action given the chain of accusations.
Can you clear up a question outside the NFL rules for me? At the 4/29 hearing in SC County, the LAX incident, even if charged by then, isn’t a determinate or a factor for that Court, correct?

Subsequent activity is not, in and of itself, a factor in determining guilt or innocence on a prior charge. The prosecutor may be able to bring it in to trial, if the case ever goes to trial, if Smith’s attorneys are foolish enough to open the door on a character issue (i.e., testimony that he is a good guy, upstanding citizen, etc., which is usually not allowed into evidence unless the defendant brings it up first).

The subsequent actions may be a factor in sentencing, however, as the sentencing phase can take into account limited evidence concerning both prior and subsequent actions to the offense. For example, the judge could consider subsequent actions when being asked for leniency.

The more problematic issue is that the prosecutor may be less likely to agree to a favorable (for Smith) plea arrangement. The prosecutor is under not obligation not to consider subsequent action, charged or not, in negotiating a deal.

I cannot find anything in this protocol that indicates that ongoing intervention as a result of substance abuse related offense creates a separation that would disallow the commissioner to consider the substance abuse related offense when imposing discipline for subsequent violations of the Personal Conduct Policy.

If anyone has a link to the current protocol (assuming the 2010 protocol is not current), I would appreciate it if you could provide that link.

Speaking of patterns of behavior, I keep thinking about the Charles Haley saga. He also was a huge talent with a pattern of embarrassing the front office. Ultimately he was traded to our arch enemy Dallas, and played a significant role in helping the Cowboys beat the Niners like drums in consecutive title games. Whatever happens, the Niners must not under any circumstances let Aldon become a Seahawk!

I believe that Miaocco and Kawakami have the heart beat of the 9ers front office down better than any others, so i’ll go along with them and say that you wo’nt see Smith on the field for the 9ers in 14. I’m not sure how much will be the result of suspension. How much will be incarceration and how much will be just the 9ers not activating him but i do’nt expect to see him this yr. Hopefully Skuta and Lemonier will become a two headed monster at OLB.

Aldon still faces the firearms and DUI charges in State Court and we don’t know if he will be charged in the LAX incident.
If he is proactive and gets serious help for what appears to be alcohol/mental illness issues he can probably avoid jail, but be put on parole for a number of years. He would then be in inpatient treatment for a number of months then out patient for a long time. The NFL would probably suspend him for 3-6 games as punishment.
If Aldon denies he has a problem fights every thing and losses any or all of it I think the NFL will suspend him for a year.

For a regular offender, I would expect a diversion program for the DUI (offender completes court ordered actions/treatment and offense is dismissed) and a plea to a misdemeanor weapons violation, resulting in probation.

This is a more public case, so we might see the prosecutor push for some jail time on the weapons charge (I would be surprised if jail time is sought on the DUI charge, although the prosecutor may want a conviction on the record), even with the weapons charge pled down, just to send a message. I would not expect any jail time to exceeded 90 days, and 30 is probably more likely if jail time is imposed (Smith would likely serve 1/3 of the imposed time).

If Smith fights the felony weapons charge, however, all bets are off. A conviction would entail prison time.

If we absolutely can’t keep him here after his pending legal cases and subsequent league suspensions run their course, I would be okay with trading him to Cleveland, or Buffalo, or Jacksonville or any other playoff irrelevant AFC team if we can get decent trade value for doing so. His talent and his potential are going to be really hard to replace though. Such talent comes along very rarely and I hope this last incident will finally trigger some switch in his knuckle head to get wake the eff up. It sounds like the LAX faux pas is going to cost Aldon about $9,000,000 with the Niners forgoing his option. That should be a bucket of icewater in the face kind of wake up call, but who knows if it or anything else will wake this dummy up.

I never thought he was in danger of getting released. Im more interested to see if the team picks up that 5th year option. If the league suspends him this season , im guessing it will be a 4 game suspension. If not , he plays all 16 games.

Why won’t they pick it up?
It is only guaranteed against injury. If he is suspended or they cut him they don’t have to pay him. Matt M. say the 49ers will pick up the option for these and other reasons.

Sully,
Much of what is “debated” on this blog is ludicrous. So what? Kinda the whole point of the blog.
If we can’t base our daily debates on “speculation” from media reports then how are we supposed to answer Grant’s question about how many games we think or “speculate” Aldon’s going to play this season? But maybe you have Baalke or Jed’s cell number and you have a better clue what the front office is thinking than the guys paid to write about it do.

The only time they’ve spent with Matthews was at the Shrine game. Seems like if they’re going to spend a relatively high pick on a kid that needs to be possibly considered as a replacement that they would have spent a bit more time with him pre-draft.

This seems more like who Grant wants the team to draft rather then who Grant thinks the team will draft.

289 days fellas…..289 days until 49ers win Super Bowl 49 (XLIX)! 49 for 49ers!!
This will be the year our ultimate warrior (Frank Gore) gets the ring he deserves.
To accomplish this, I feel Gore needs to accept a lesser role this year. The “three-headed monster” of Gore/Lattimore/Hunter must be unleashed, with Gore getting about 40% of the carries.

Back in 2005 Kevan Barlow was the starting RB and Gore was mixed in. Then Gore became the starter the next season. I expect the same thing to happen with Lattimore. He can spilt carries with Gore and Hunter and then become the starter next year (he has to earn it though).

This should be a magical year Niner-brothas….Lets just hope Harbaugh doesn’t pull a Mike Ditka in the Super Bowl. Remember the 1985 Bears Super Bowl? Ditka had a couple opportunities to allow a declining Walter Payton to score a TD, and “the fridge” scored and got all the glory. Harbaugh must give Gore every opportunity to score in the Super Bowl (if the game is well in hand).

TGIF fellas…..enjoy the weekend with some cold IPA’s (don’t drink and drive man).

Only 289 days huh? But who’s counting, right? only 21 weeks plus 6 days until the regular season starts, but I’m not counting either, lol. I’m excited to see Lattimore on the field too.
He’s going to have some monumental shoes to try to fill, but if he can recover from that hideous injury as well as AP recovered from his own, he’s going to be fun to watch.
Can’t wait!

As painful as it is to imagine the long term problems caused by Aldon’s behavior, the short term hurts too.

The 49ers had 6 draft picks in the first three rounds to build a 2nd generation core. The options were endless.

Now the team has to commit 1-2 picks for edge rushing talent… almost certain to be no where near as good as Aldon even if they turn out to be good picks. Goodbye trading up for a stud WR/CB or fallen BPA.

Years of maneuvering Baalke had to do to accumulate extra draft picks… the Alex Smith trade… the trade back with the Titans… wasted because of Aldon’s lack of control. The whole scouting approach and big board needing at least partial rebuilding.

Oh, and the long term plan for keeping the 49ers competitive now thrown into chaos.

Does this doofus have any idea of the consequences of his actions? Aldon owes the 49ers for their patience and commitment by giving them a sweetheart deal… small on guaranteed money and big on incentive clauses. A short-sweet 2 year deal 2015-2016, then go FA to cash in. Won’t happen of course, but it would be the decent thing to do.

Brodie there are those here who say its football who cares about behavior just win baby. Well your post explains why behavior is important . If there were no cap it would’nt be that big of an issue but when you have to eventually release good players to sign a player like Smith who then turns around and has to go to rehab or gets suspended, the team is w\o Smith and w\o the players they had to release to sign Smith. That does’nt include your point about how it can ruin draft strategy. So for all of you out there who say character is’nt important i believe you’re wrong.

Brodie,
I don’t agree. Nothing has changed. Aldon will continue to play until the league suspends him. Then he’ll be back on the field. The 49ers will pick up his 2015 option. So, why should their draft plans be impacted and why go after edge pass rusher? Aldon will be in a Niner uniform for years to come.

Nick, I don’t know where you are getting your info from but I think it’s wishful thinking on your part that Aldon will play in 2014.. I believe the commissioner is going to suspend him at least 8 games if not a year.. Multiple sources are indicating that the niners will not pick up his 2015 option. To state that he will be a niner for a long time is a little foolish at this point.

Read Miaocco’s latest post it is very interesting. He says that by picking up Smith’s option for 2015 it will cost the 9ers nothing. They can still cut him after the 2014 season and it will cost them nothing. That tells me that if they do’nt pick up that option they have no desire to keep him and as soon as his legal and league issues are taken care of he is gone one way or another.

After reading MM’s latest post, it sounds like the 49ers will PU the 2015 option unless they are certain Aldon will remain an out of control maniac for the next two years.

Like alot of us, I’m changing my mind every five minutes… I’m disgusted and want him gone in some fashion… but then I think about the consequences and the fact he might be mentally ill but essentially good natured. Dr. Harry Edwards, paging Dr. Harry!

On a more positive note, the stadium looks like a jewel with the sod being in stalled and most of the seats in. It looks like it should be louder then the Stick. Its up to the fans to make sure that happens. Just hope gentrification from the high ticket prices doesn’t = quiter fans.

Sometimes it’s just a cellphone typo. Sometimes it’s an unwanted spellcheck ‘correction’. Other times, who knows? But from a commenter on PFT:
“There’s too many analists on the Internet.”
Ain’t that the truth, hahaha?!

To some degree, I view our QB position the way I do the WR position. Going into the draft, we likely won’t draft a WR that are similar in skill traits as Crabtree and Boldin and to some degree Q.Patton.
I feel the Org needs to draft a speed WR that compliments our current WR’s.

Well, looking at Pryor, I see many similarities to Kaep. Unless the Org has decided that they want a running threat/athletic type QB, Pryor makes sense. But given the fact that Harbaugh made an effort to help Kaep become an efficient pocket QB last season, I can’t see him taking on the time consuming task of doing this for another QB.

I think that Harbaugh will work his magic on Gabbert and he will become a good backup with the ability to be a change of pace QB in certain situations the way Kaep was when Alex was the starter a few years back.

There’s no way they will make this many picks. I had some fun with it but am under no pretense that they will do what I did here.

I do believe they will use at least 5 of their 6 picks in the first 3 rounds, and the 7th round picks will most likely wind up on the practice squad. I would guess they will have 6-8 picks make the team.

Good list rocket.
As for me, I would like to see a little paradigm shift on the shopping list.
With Bowman missing some time and the possibility of the same with Aldon, I begin to shift my sights to a LB with one of our first three picks. I have to also look at the possibility of Willis missing anytime if he is injured.

I still believe we could find our WR and CB from the 2nd – 3rd rds. At the moment I’m starting to lean towards Anthony Barr and Dee Ford as our 1st pick.
I like Skuta, Wilhiote and Lemonier, but I’m not fully convinced they can hold down the fort for an extended period.

We likely need to package some picks to get to Barr, but Ford might cost us less since most draftniks have him going somewhere between 25-32.

rocket,
I should have added C.J. Mosley to my list of LB’s as a possible 1st pick. Another LB I like in the 3rd rd (if he’s still on the board) is Kyle Van Noy of BYU. Great instincts and very smart player.

Until a few days ago I’ve been paying scant attention to linebackers. Just downloaded Kyle Van Noy’s highlights a few hours ago.

If you go by combine stats he’s only day three material at best. His film is fantastic. Except for arm length, he’s totally a Baalke type. Great film, “natural football instincts”, can play inside and outside, smart, third all time in tackles for a loss, makes plays. One of the more pro ready player in the draft.

I would. For a conditional 7th rounder in 2015, with the condition being they get the pick if he’s on the opening roster. They can still make that trade despite making the same trade for Martin as they have two 7th rounders in 2015 (thanks to the Parys Haralson trade last year).

Jack: assuming Gabbert is the backup I’d rather have a rookie on a cheap 4 year deal to develop as a longer term backup. Whoever the 2nd and 3rd qbs are they have to be able to handle the volume of plays, formations, shifts that the Niners want to run. Do you think Pryor can handle that? I think Daniels was released because he couldn’t.

Aldon isn’t in trouble with the 49ers and the NFL for this incident as such. If this was an isolated incident not much would come of it.

He is in trouble for the felony gun charges and DUI charge he is in court for on the 29th April. The reason this incident is being seen as the end of Aldon is because it shows a guy that continues to make boneheaded decisions that run afoul of the law. He can’t be trusted to keep himself out of trouble. Particularly stupid with a court date looming – good luck convincing the judge the gun possession and DUI were isolated incidents and he’s a changed man.

According to Kawakami’s interview on Sports Talk Live it sounds like there have been a bunch of other incidents that haven’t made the headlines as well. The 49ers are in a position where they need to take a hard line position now. They can’t keep coddling him or others or they’ll end up like the Bengals of years gone by – a talented but undisciplined rabble. He’s most likely a goner, and I’m not particularly sad about that. I wouldn’t be surprised if Culliver is a goner after the legal proceedings are concluded either, to make another message to the players.

He won’t be made an example of because of his comments about having a gay teammate – I am taking it that is what your little tirade was about.

I wouldn’t be surprised to see him made an example of for fleeing the seen of a hit and run and felony possession of a weapon. If it had been his first stupid incident then maybe not, but like Aldon he is a repeat moron.

By taking the softly softly approach too often in the past, the 49ers have put themselves in a position where hard messages need to be sent to the players now to make them understand this sort of behaviour and lack of discipline won’t be tolerated.